OFFICE
OF THE PRESIDENT
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- No. 2087 7 December 1994
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- NO. 33 OF 1994: HOUSING
SECOND AMENDMENT ACT, 1994.
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- It is hereby notified that
the President has assented to the following Act, which is hereby
published for general information:
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- GENERAL EXPLANATORY NOTE:
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- << >> Words
between pointed brackets indicate insertions in existing
enactments.
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ACT
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- To amend the Housing Act,
1966, so as to make further provision for assistance to natural
persons for housing purposes; to amend
the Housing Arrangements Act,
1993, so as to insert a certain definition; and to make provision
for the appointment of an executive
committee of a provincial
housing board; to make further provision for the delegation of
certain powers; and to provide for matters
connected therewith.
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(English
text signed by the President.) (Assented to 23 November 1994.)
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BE IT ENACTED
by the Parliament of the Republic of South Africa, as follows:-
Insertion of section 10C in Act 4 of 1966
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1. The following section is
hereby inserted in the Housing Act, 1966, after section 10B:
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- "Payment of money and provision of other housing assistanc e
to
natural persons
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- <<10C. (1)
Notwithstanding anything to the contrary contained in this Act, the
National Housing Board referred to in the
Housing Arrangements Act,
1993 (Act No. 155 of 1993), may, in accordance with the directives
of the Minister and on such conditions
as the said Board may
determine, approve the payment of a sum of money to any natural
person or his or her nominee for that person's
housing purposes or,
in lieu of or in addition to any such sum
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of money, the said Board may
in like manner approve any other arrangement for that purpose.
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- (2) Without derogating
from the generality of the power of the Minister under subsection
(1), the directives contemplated in
that subsection may provide
that any moneys issued out of the fund for the purposes of
subsection (1) shall not bear interest
and shall not be repayable
to the fund.".>>
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- Amendment of section 1
of Act 155 of 1993, as amended by section 1 of Act 8 of 1994
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- 2. Section 1 of the
Housing Arrangements Act, 1993, is hereby amended by the insertion
after the definition of "Director-General"
of the
following definition:
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- <<" 'executive
committee' means an executive committee appointed under section
11A;".>>
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- Insertion of section
11A in Act 155 of 1993
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3. The following section is
hereby inserted in the Housing Arrangements Act,
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1993, after section 11:
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"Executive
committee of provincial housing board
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- <<11A. (1)(a) A
provincial board may, with the concurrence of the member of the
executive council, appoint an executive
committee consisting of the
chairperson and vice-chairperson of the provincial board and not
more than four other members of
the provincial board.
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- (b) The chairperson or,
in his or her absence, the vice-chairperson of the provincial
board, shall preside at meetings of an
executive committee or, in
the absence of both the chairperson and vice- chairperson, the
meeting shall be chaired by a person
designated by the board.
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- (2)(a) Subject to any
directions of, or limitations on the extent of financial and other
implications by, the provincial board,
the exec- utive committee
shall perform such functions of the provincial board as the
provincial board may determine with the
concurrence of the member
of the executive council, but shall, save in so far as the
provincial board otherwise directs, not
have the power to alter or
rescind any decision of the provincial board.
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- (b) The provincial board
may alter or rescind any decision of the executive
committee: Provided that the provincial board shall
not alter or
rescind any such decision under or pursuant to which any person has
acquired any right or incurred any obligation
or liability, unless
the person concerned has consented thereto.
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(3) The
provisions of sections 5(4)(b) and 7(3) and (5) shall apply mutatis
mutandis in respect of any meeting of any executive
commit-
tee. ".>>
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Further
provision for delegation of certain powers
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- 4. (1) The Minister of
Housing may, subject to the conditions he or she may determine and
with the concurrence of the Premier
of a province, delegate any
power vested in him or her in terms of the Housing Act, 1966 (Act
No. 4 of
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1966), or in terms of any law
referred to in section 9(1) of the Housing Arrangements Act, 1993
(Act No. 155 of 1993), to the
member of the executive council of the
province concerned responsible for housing matters in that province.
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- (2) The Director-General
of Housing may, subject to the conditions he or she may determine
and with the concurrence of the Director-General
of a provincial
administration, delegate any power vested in him or her in terms of
the Housing Act, 1966, or in terms of any
law referred to in section
9(1) of the Housing Arrangements Act, 1993, other than any power in
his or her capacity as accounting
officer, to that Director-General.
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- (3) Any power delegated to
the Director-General under subsection (2), may be delegated by that
Director-General to any officer
of the provincial administration in
question.
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Short
title
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- 5. This Act shall be
called the Housing Second Amendment Act, 1994.
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